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Schumacher resentenced to four years for DUI manslaughter

Joseph Schumacher listens to attorneys talk during a sentencing hearing Wednesday at the Okaloosa County Courthouse Annex Extension. Schumacher, who was originally sentenced to two years community control for a DUI manslaughter conviction, was re-sentenced to the state-mandated four years in prison for the 2009 accident that killed his father.

By TOM McLAUGHLIN / Daily News

Published: Wednesday, January 23, 2013 at 07:33 PM.

FORT WALTON BEACH — Okaloosa County Circuit Judge John Brown didn’t try to hide his distaste Wednesday for an appeal’s court order that he change a carefully crafted sentence he handed down in April 2011 in the DUI manslaughter case of Joseph Schumacher.

Brown did the only thing he could do by ordering Schumacher to serve a four-year prison sentence for the crime, as is mandatory under Florida law following a DUI manslaughter conviction.

He voiced his frustration at being constrained from going along with a request from defense attorney Don Dewrell to allow time Schumacher served under house arrest to be subtracted from the time he will spend in prison.

“Because I believe I have no discretion to authorize giving you credit for community control … I’m not going to give you credit,” Brown said. “If it was up to me, I would certainly give you that credit.”

Schumacher was arrested Dec. 17, 2009, and charged with DUI manslaughter and leaving the scene of an accident involving death.

After an evening spent dining and drinking with his father Stephen, a 67-year-old Alzheimer’s patient, an intoxicated Schumacher drove down a residential street in Fort Walton Beach without realizing his father had become entangled in a seat belt while getting out of the vehicle.

Stephen Schumacher died from injuries he suffered as he was dragged down the street.

Finding that Schumacher was remorseful for his crime and didn’t bear “moral culpability,” Brown departed from the state guideline sentence mandates in his original sentence and ordered Schumacher placed on community control — basically house arrest — for two years and on probation for eight more.

The state attorney’s office appealed Brown’s ruling. The First District Court of Appeals overturned the sentence, calling the one Brown had imposed “illegal.”

“It does not include a minimum mandatory prison sentence of four years,” the ruling said. “The legislative language is unambiguous.”

Bemoaning the fate of a family already broken by the death of Stephen Schumacher, a tearful Dewrell criticized the court’s decision at Wednesday’s resentencing hearing.

“You showed a lot of wisdom in your decision. It is hurtful your insightful sentence will not be allowed to stand,” he told Brown. “The law is supposed to have compassion. This is not your fault, and from the bottom of my heart I thank you and Mr. Schumacher thanks you.”

Citing a pair of court rulings, Dewrell tried to convince Brown that his client should receive credit off his four-year sentence for 47 days spent in jail and another 641 days spent on community control.

Assistant State Attorney Angela Mason argued that Schumacher’s house arrest time could not be applied to a prison sentence, but should be credited to the several years he will spend on probation.

Brown said he could find no legal grounds to side with Dewrell, so he applied the 641 days to Schumacher’s new three years’ probation, as Mason suggested.

A courtroom full of people came out to support Schumacher, and there were sobs as Brown levied the sentence.

Schumacher blew kisses as sheriff’s deputies escorted him from court. One woman said, “Bye Joey. We love you,” and another person muttered “bastards” in the direction of prosecutors.

Tricia Schumacher, Joe Schumacher’s mother, had few words as she left the courtroom.

“I hope the state leaves my family alone now,” she said.

Schumacher has 30 days to appeal the sentence. When asked about that, Dewrell said, “I would say the chances are likely.”

“This case demonstrates the problem with one-size-fits-all minimum mandatory sentencing procedures. It makes it where the judge can’t look at each individual case,” he said.

FORT WALTON BEACH — Okaloosa County Circuit Judge John Brown didn’t try to hide his distaste Wednesday for an appeal’s court order that he change a carefully crafted sentence he handed down in April 2011 in the DUI manslaughter case of Joseph Schumacher.

Brown did the only thing he could do by ordering Schumacher to serve a four-year prison sentence for the crime, as is mandatory under Florida law following a DUI manslaughter conviction.

He voiced his frustration at being constrained from going along with a request from defense attorney Don Dewrell to allow time Schumacher served under house arrest to be subtracted from the time he will spend in prison.

“Because I believe I have no discretion to authorize giving you credit for community control … I’m not going to give you credit,” Brown said. “If it was up to me, I would certainly give you that credit.”

Schumacher was arrested Dec. 17, 2009, and charged with DUI manslaughter and leaving the scene of an accident involving death.

After an evening spent dining and drinking with his father Stephen, a 67-year-old Alzheimer’s patient, an intoxicated Schumacher drove down a residential street in Fort Walton Beach without realizing his father had become entangled in a seat belt while getting out of the vehicle.

Stephen Schumacher died from injuries he suffered as he was dragged down the street.

Finding that Schumacher was remorseful for his crime and didn’t bear “moral culpability,” Brown departed from the state guideline sentence mandates in his original sentence and ordered Schumacher placed on community control — basically house arrest — for two years and on probation for eight more.

The state attorney’s office appealed Brown’s ruling. The First District Court of Appeals overturned the sentence, calling the one Brown had imposed “illegal.”

“It does not include a minimum mandatory prison sentence of four years,” the ruling said. “The legislative language is unambiguous.”

Bemoaning the fate of a family already broken by the death of Stephen Schumacher, a tearful Dewrell criticized the court’s decision at Wednesday’s resentencing hearing.

“You showed a lot of wisdom in your decision. It is hurtful your insightful sentence will not be allowed to stand,” he told Brown. “The law is supposed to have compassion. This is not your fault, and from the bottom of my heart I thank you and Mr. Schumacher thanks you.”

Citing a pair of court rulings, Dewrell tried to convince Brown that his client should receive credit off his four-year sentence for 47 days spent in jail and another 641 days spent on community control.

Assistant State Attorney Angela Mason argued that Schumacher’s house arrest time could not be applied to a prison sentence, but should be credited to the several years he will spend on probation.

Brown said he could find no legal grounds to side with Dewrell, so he applied the 641 days to Schumacher’s new three years’ probation, as Mason suggested.

A courtroom full of people came out to support Schumacher, and there were sobs as Brown levied the sentence.

Schumacher blew kisses as sheriff’s deputies escorted him from court. One woman said, “Bye Joey. We love you,” and another person muttered “bastards” in the direction of prosecutors.

Tricia Schumacher, Joe Schumacher’s mother, had few words as she left the courtroom.

“I hope the state leaves my family alone now,” she said.

Schumacher has 30 days to appeal the sentence. When asked about that, Dewrell said, “I would say the chances are likely.”

“This case demonstrates the problem with one-size-fits-all minimum mandatory sentencing procedures. It makes it where the judge can’t look at each individual case,” he said.